e24702_SN004
Translated from French
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benefit of whomsoever it may concern, of the proceeds of such manufacture or
communication to the public.
2. The president of the court, acting in chambers, may, if he allows the request of the
distrainee or garnishee, order the plaintiff to deposit a sum as a guarantee for any
damages to which the right owner may be entitled.
Article 134. Summons on the merits. - If the distrainer fails to refer the matter to the
competent court within 30 days of seizure, the president of the court, acting in chambers,
may order the release of the seizure at the request of the distrainee or the garnishee.
2. Ordinary law proceedings
Article 135. Principle. – Irrespective of infringement seizure proceedings, the persons
referred to in Article 127 may have recourse to all ordinary law remedies, in accordance
with the provisions of the Code of Civil Procedure.
Article 136. Preservation of evidence. – 1. The president of the court, acting in
chambers, may order in particular any measure for the preservation of relevant evidence
of alleged infringements, without prejudice to the protection of confidential information.
2. The measure referred to in the previous paragraph may be subject to the deposit by the
plaintiff of an adequate sum. It shall cease to have effect if the plaintiff has not issued a
summons on the merits within 30 days.
Article 137. Seizure of goods suspected of being infringing goods. – 1. The president
of the court, acting in chambers, may order the seizure of goods that are suspected of
infringing copyright or a neighboring right in order to prevent their entry into or
circulation on the market.
2. The seizure referred to in the previous paragraph may be subject to the deposit by the
plaintiff of an adequate sum. It shall cease to have effect if the plaintiff has not issued a
summons on the merits within 30 days.
Section III. – Border measures
Article 138. Right of inspection. – The persons referred to in Article 127 may request
the customs authorities to have all goods which they are holding inspected in order to
substantiate their allegations. The importer shall have the same right.
Article 139. Conditions for detention at customs. – 1. The customs administration
may, at the written request of the persons referred to in Article 127 accompanied by proof
of their rights, detain during customs inspection any goods claimed by such persons to
infringe those rights.
2. Where the goods are suspected of being infringing goods, they shall be detained ex
officio.